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Thomas M. Sweeney <br />George F. Borer <br />Paul T. Ostrow <br />Douglas B. Meslow <br />Sweeney & Borer <br />Profisstrmu! 4ssm.io(tun <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />386 North Wabasha Street <br />St. Paul, Minnesota 55102 <br />February 1, 1991 <br />Telephone <br />(612) 222-2541 <br />Facsimile <br />1612) 223-5289 <br />Mr. Joel R. Hanson <br />City Manager <br />515 Little Canada Road <br />Little ranad?, ?.4N 55117 <br />Re: Summary of 1990 Charitable Gambling Legislation <br />Our File No. 6888 <br />Dear Mr. Hanson: <br />In order to update you on the new Legislation affecting <br />lawful gambling, I have reviewed Chapter 590 of the 1990 <br />Minnesota Session Laws relating to lawful gambling. This letter <br />summarizes the amendments to the gambling statute, and discusses <br />the significance of those changes. The conclusions of this <br />letter are a result, not only of my review of the new <br />legislation, but also of my attendance at a seminar entitled <br />"Lawful Gambling in Minnesota," which was held on January 9, <br />1991. <br />Effective January 1, 1991, pursuant to Minnesota Statutes <br />Section 349.165, all organizations licensed to conduct lawful <br />gambling must obtain a premises permit from the State. Pursuant <br />to Minnesota Statutes §349.213, Subdivision 2, as amended by the <br />1990 Legislature, a premises permit or bingo hall license will <br />not be issued by the State unless the City Council approves the <br />premises permit or bingo hall license by resolution. Such a <br />resolution must be adopted "within 60 days of the date of <br />application for the new or renewed permit or license." As a <br />result of this procedural change, Chapter 815 of the City Code <br />is now inconsistent with State law. <br />As a result, I have enclosed with this letter, a proposed <br />Ordinance Amending Chapter 815. Two significant changes in a <br />municipality's power relating to lawful gambling are reflected <br />in the proposed Ordinance. First, the City must exercise its <br />authority by either approving or failing to approve premises <br />permits or bingo hall licenses. Second, a premises permit or <br />bingo hall license is not automatically renewed in the absence <br />of City Council action. To the contrary, in the absence of a <br />resolution passed by the City Council approving the premises <br />permit or bingo hall license within 60 days of the application, <br />the premises permit or bingo hall license will automatically be <br />denied by the Department of Gaming. <br />Page 9 <br />